Construction Site Injuries in Oregon

Oregon's Employer Liability Law requires owners, contractors, subcontractors and others in charge of work involving risk or danger to employees or the public to use every device, care and precaution practicable for safety, without regard to the added cost of safety devices; those engaged in construction, repair, alteration or painting of buildings and other structures must comply with state safety rules. Comparative negligence applies to these claims. For a worker's own employer that has workers' comp coverage, workers' comp is the exclusive remedy, including in place of Employer Liability Law claims, except for injuries caused by the employer's deliberate intention; the worker may pursue the Employer Liability Law or negligence claims against other parties, such as a general contractor or owner who is not the employer, subject to the workers' comp lien.

Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault.

Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose).